Planned Upgrades After Move Out

[jmadero]

What is the name of your state (only U.S. law)? CA

Hi Everyone,

Just a quick question. I want to know if someone is moving out and there are already planned upgrades for the apartment (replacing carpet with vinyl flooring, new counter tops, painting the walls, etc...), can the apartment complex still deduct money from deposit for "carpet cleaning" or "painting the wall". My wife and I aren't moving out soon but I wanted to get an answer on this one before the fact so that I just know what they can and cannot do. Our place is damn clean but I know when my wife moved out of the apartment before we were married she was charged for carpet cleaning and painting walls and the apartment complex hinted that it was just standard policy (which I understood). But if the upgrades are happening anyways, just curious if that changes anything.

Thanks in advance

 

[Unthought_Known]

What is the name of your state (only U.S. law)? CA

Hi Everyone,

Just a quick question. I want to know if someone is moving out and there are already planned upgrades for the apartment (replacing carpet with vinyl flooring, new counter tops, painting the walls, etc...), can the apartment complex still deduct money from deposit for "carpet cleaning" or "painting the wall". My wife and I aren't moving out soon but I wanted to get an answer on this one before the fact so that I just know what they can and cannot do. Our place is damn clean but I know when my wife moved out of the apartment before we were married she was charged for carpet cleaning and painting walls and the apartment complex hinted that it was just standard policy (which I understood). But if the upgrades are happening anyways, just curious if that changes anything.

Thanks in advance

How long have you been in the apartment? In California the useful life of paint is 2 years, so there should be no charge if you've been there at least 2 years.

Also, here's a quote from The California Landlord's Law Book (page 377-378):

"You shouldn’t expect to cover your turnover expenses by dipping into the security deposits of departing tenants, and if you attempt to do so blatantly, a judge is likely to disallow it. In practical terms, this means that you can’t, as a standard policy, charge a tenant for cleaning carpets, drapes, or walls or repainting."

If they paint walls or clean carpets in between every tenant, then there should be no charge.

 

[jmadero]

How long have you been in the apartment? In California the useful life of paint is 2 years, so there should be no charge if you've been there at least 2 years.

Also, here's a quote from The California Landlord's Law Book (page 377-378):

"You shouldn’t expect to cover your turnover expenses by dipping into the security deposits of departing tenants, and if you attempt to do so blatantly, a judge is likely to disallow it. In practical terms, this means that you can’t, as a standard policy, charge a tenant for cleaning carpets, drapes, or walls or repainting."

If they paint walls or clean carpets in between every tenant, then there should be no charge.

When we move out it will be just under 2 years ( 22 months). My concern is that if they are planning on ripping out the carpet anyways (half the complex has already had carpet removed and vinyl put in), then can they charge and then it's up to me to "prove" that they didn't in fact clean the carpet. Or could I reasonably tell them "I know the carpet is being replaced, you can't charge me for that." What if they do in fact clean the carpet but then have in the plans to replace the carpet 3-6 months later? Just curious. Thanks

 

[justalayman]

there is no justification to clean a carpet that is scheduled to be replaced upon your vacating the unit. In California, the LL must support the claims agaisnt the deposit with proof so in the end, it would be no gain to the LL to clean it and then replace it. Could they do it? I would argue not but I am not a judge.

They can charge you for the damage have caused, even if they are intending on replacing the flooring. There is no way to determine if the damage caused was part of the justification for replacing the flooring or not. Damages caused by you are chargeable to you.

with that said, flooring has a depreciation schedule so you would not be liable for anything greater than the pro rata share of the new flooring. Along with that, that share applies to like types of materials; if they replace cheap carpet with expensive carpet, they don't get to base the damages on the better quality of carpet. The damages would have to be based on a similar quality/cost of flooring.

What if they do in fact clean the carpet but then have in the plans to replace the carpet 3-6 months later? Just curious. Thanks

that would be a valid charge IF they have an actual right to charge you for the carpet cleaning. You are required to return the unit in the same condition you received it less normal wear and tear. That means, if you leave it as clean as when you received it, there is no valid justification to charge you for the cleaning.